The second, from October 2022 to June 2023, in which a civil appeal provided the defendant with ongoing maintenance services.
The First Period - The NRE Period
- This period is, as mentioned, the training period of the Inspection Institute and theCivil Appeals Technician for the handling of Brook helicopters, which includes, in accordance with the selected training track (FAA), participation in a theoretical course, the accumulation of practical experience, and passing a fitness test with an IATA examiner.
- This period began in January 2022, shortly after Brook won the Ministry of Defense's tender and ended in September 2022, taking into account that according to the Aviation Regulations, a trial period of at least 6 months is required in handling helicopters, and in light of the fact that the first helicopter arrived at the Civil Appeals Tribunal in April 2022.
- In accordance with clause 1A of Appendix D to the Agreement, Brooke undertook to bear the expenses of a civil appeal during the NRE period, as approved by it in advance, within 30 days from the date of receipt of the invoice, and after receipt of the NRE products, to Brooke's satisfaction. Thus, in accordance with the language of the agreement:
"In consideration for, and subject to, the provision of the Services and/or Extra work set out in Exhibit B, Brook shall pay IAI the following:
IAI's NRE Expenses, as shall be approved by Brook in writing prior to incurrence thereof by IAI, within 30 days of receipt of invoice. Invoice will be issued following receipt by Brook of NRE's deliverables, to it's reasonable satisfaction."
- Section 1B determines the amount of hourly payment to be paid for each employee according to the type of service, while a minimum amount of 8 hours of maintenance work per flight has been determined.
- The agreement anchored the principle of time and trial, according to which Brooke would provide a civil appeal to Brook with the required service and materials, while Brooke would pay acivil appeal for the hours of work and the expenses of purchasing the materials.
- In section 2A of Appendix D, it was determined that for parking a single helicopter, Brook would pay a fixed monthly sum of $8,500 for parking a single helicopter. In practice, the amount was reduced to $7,500.
- On October 3,2022, at the end of the NRE period, a civil appeal sent Brook a calculation of the actions it performed during the months of February-September 2022, which amounted to $269,009 (Appendix 5 to Amrani's affidavit).
- On January 19,2023, after negotiations between the parties, the parties reached an agreement whereby the payment for the NRE period would be for settlement purposes in the sum of $189,000 and would be paid by Brook in 6 installments. This amount was approved by Eyal, in real time, in an email message dated January 19,2023, in which he replied to Amrani: "Hi Amrani, all right. I can handle it." (Appendix 8 to Amrani's affidavit, p. 165). This sum is close to the amount of the settlement proposed by Eyal himself, which was $182,000 (see Appendix 8 on the same page).
- Both Gil and Eyal confirmed in their interrogations that the settlement amount of $189,000 was approved by them:
Gil testified at p. 272 of the transcript of paras. 10-14